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All Journal Jurnal Hukum Khaira Ummah Pembaharuan Hukum Law Development Journal Sultan Agung Notary Law Review
Andri Winjaya Laksana
UNISSULA
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : law development journal

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Legal Analysis of Criminalization of Narcotics Abuse Perpetrators for Their Own Sake Due to Justice-Based Stress Andri Winjaya Laksana; Ong Argo Victoria
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.993-1007

Abstract

Self-abuse of narcotics triggered by psychological conditions such as stress often results in criminal sanctions in prison, rather than rehabilitation. This study aims to analyze the legal punishment policy for perpetrators of self-abuse of narcotics due to stress and formulate a concept of justice-based punishment (restorative and corrective). The research method used is normative juridical with a statutory approach and a conceptual approach. The results of the study indicate that the implementation of Article 127 Paragraph (1) of Law No. 35 of 2009 concerning Narcotics still tends to be punitive (retributive justice), where judges often impose prison sentences rather than rehabilitation. In fact, perpetrators who consume narcotics due to stress are victims of psychological disorders and dependency. Justice-based punishment demands a paradigm shift from retributive justice to restorative justice and therapeutic justice, where medical and social rehabilitation must be positioned as the main legal form to restore perpetrators and restore their social function.
Co-Authors Aminsyah Aminsyah Bambang Tri Bawono Janu Widono Mayang Tari Moh. Nurul Huda Muhammad Brata Ul-Husna Muhammad Ilham Akbar Muhammad Khoirul Iman Naufal Fajar Zanira Ong Argo Victoria Roynaldo Silaban Rustam Efendi P Simarmata Setyo Trisnadi Suratman Suratman Syela Ambri Yudhana W. Erfandy Kurnia Rachman Yoga Baya Prayurisna